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Broken sublease

Posted by Gwen on August 01, 2001 at 00:15:33:

This is my predicament having sublet my apartment. Can anyone offer any advice or guidance.

My subleasee broke a portion of the sublease agreement (ie. has his significant other move in with him when it is clearly stated, twice, in the agreement he willingly signed, that only one person was to occupy the apartment) and wants to move out as opposed to pay an additional deposit and sign a new lease agreement with both of them on it, or stay alone. The rent has been prepaid (2 months) plus a month's security. Am I, as the sublessor, entitled to any sort of monetary 'damages' out of the security deposit or prepaid rent? I have proposed that I return everything he prepaid minus the pro-rated rent up to the time he leaves plus $500 for breaking the lease in the first place and causing me all kinds of problems.

Personally I think this is relatively fair from a moral standpoint. But is it legal? I really just want to be fair. I'm not trying to gouge him but now I'm out almost 2 month's rent ($2300) and there's no chance my landlord will let me sublet to anyone else now that this has happened.

By the way, this is an owner/landlord occupied private home with one rental unit in Brooklyn, NY. My original lease states that I am not allowed to sublet in the first place but the landlord gave permission so that I wouldn't have to pay the rent even though I wasn't there.

Also, is this a question I should be asking a lawyer or is there a definite precedent?

Thanks for any advice. I will gladly furnish more details if needed.

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